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In brief

On 10 January 2024, the National Anti-Corruption Authority (ANAC) published some transitional indications on the application of the provisions of the New Public Procurement Code concerning the digitization of direct awarding for an amount of less than EUR 5,000.


Key takeaways

In order to facilitate the adaptation of Administrations to the new systems and to allow the regular performance of procurement activities, the ANAC has made available the Public Contracts Platform – PCP also for the direct award of contract with a value of less than EUR 5,000.

This tool is a transitional and supplementary measure that can be adopted in case it is impossible or difficult to use the Certified Digital Procurement Platforms and does not exempt the contracting authority from the duty to transmit the relevant information to the National Public Contracts Database.

These transitional measures will be applicable until 30 September 2024 whereas as of 1 October 2024, the use of certified platforms will become mandatory also for direct awarding for an amount of less than EUR 5,000.

Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Francesca R. Baratta is an Associate in Baker McKenzie Rome office.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

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